Pro Bono Program: Plan for Assignment of Pro Bono Counsel

The purpose of this Plan for Assignment (Plan) is to facilitate matching attorneys with pro se parties in appeals before the Division of Administrative Law Appeals (DALA).

Pro bono representation helps ensure that individuals who cannot afford an attorney still have a meaningful opportunity to present their case and protect their rights. Pro bono work also allows attorneys to develop their skills, expand their professional network, and improve access to justice for those who might otherwise go unrepresented.

Therefore, the purpose of this Plan for Assignment (Plan) is to facilitate matching attorneys with pro se parties in appeals before the Division of Administrative Law Appeals (DALA).  A principal objective of the Plan is to maximize each participating lawyer’s ability voluntarily to choose cases appropriate for them and to assure they are being matched with cases that meet their caseload capacity and areas of interest.

I. Overview

When an unrepresented litigant files an appeal, they may request pro bono representation by submitting a financial affidavit. If they meet the eligibility criteria, DALA will try to match them with a volunteer attorney from a pool of participating lawyers. While representation is not guaranteed, DALA will make every effort to connect litigants with an attorney.

Attorneys may choose which types of cases they are willing to take, and  they are able to select specific cases from a list of available opportunities.   DALA also offers other  pro bono opportunities – such as mentoring other attorneys – for those who wish to contribute in different ways.

II. Responsibilities of Pro Bono Coordinator

A representative from DALA shall be designated the Pro Bono Coordinator (Coordinator) and shall administer the Plan in the manner set forth below.

III. Designation of Cases for Pro Bono Representation and Selection of Counsel

1. With each Notice of Receipt of Appeal that DALA sends to litigants, it will include information about the availability of pro bono representation in certain cases. DALA will also include (or direct the litigant to where they can find) financial affidavits necessary to qualify for pro bono counsel. The affidavit may also be downloaded.
2. Upon receipt of a financial affidavit seeking pro bono representation, the Coordinator, with oversight from the Chief Magistrate, shall determine whether the litigant qualifies for inclusion in this program. Eligibility will be determined using the Massachusetts Trial Court’s criteria for indigency.^[1] The Coordinator will notify the litigant of DALA’s determination.
3. If a litigant qualifies for representation, DALA will notify the litigant that they qualify and that representation is subject to the availability of counsel to accept the case.  Further, while representation is not guaranteed, DALA will make all reasonable efforts to secure representation in accordance with this Plan. In the meantime, the unrepresented party shall continue to represent themselves.  While a litigant may request extensions of time while a match is pending, the pending assignment of counsel may not be used to unreasonably delay a case.
4. DALA will seek counsel in the following manner.  When a litigant qualifies for representation, the Coordinator will send an e-mail to all participating counsel with information about the case, including a basic description of the type of case and the issues involved.  Once a month, the Coordinator will also send an e-mail to all participating counsel with a list of all available cases. The Coordinator may also send e-mails to different groups of counsel (for example, an e-mail of all available retirement cases only to counsel willing to represent litigants in retirement cases).

If a lawyer is interested in accepting representation in a matter, they shall notify the Coordinator.  If more than one attorney is interested in a matter, the Coordinator will assign the case to the first attorney who expressed interest in the case.

5. Absent extraordinary circumstances, each case will be offered to counsel for three months.  Once a case has been distributed for three months without securing counsel, it will be removed from the distribution list. At that point, the litigant will be advised that pro bono representation is unavailable.
6. If a magistrate closes a case in which pro bono counsel was sought but not obtained, they shall notify the Coordinator, who will remove the party’s name from the list of those seeking counsel.

IV. Notification of Assignment

After representation has been secured in the case, the Coordinator shall immediately notify the litigant and the magistrate and send to counsel the litigant’s contact information.  The litigant will then have ten business days to notify counsel and DALA in writing whether they wish to accept or decline the representation.

If the litigant accepts the offer of representation, DALA will provide counsel with a copy of the case file and enter them as the attorney of record in the docket. Counsel will represent the party through the conclusion of the matter, either until a decision is issued or the case is otherwise resolved. If the litigant loses their appeal, counsel is not required to represent them in any further appeal but may choose to do so. If counsel does not plan to continue representation, they must timely inform the client of the steps needed – including filing deadlines – to pursue an appeal on their own.    

If the litigant declines representation, the case will be removed from the pro bono list, and the litigant will proceed either on their own or with privately retained counsel.

V. Responsibilities of Participating Lawyers

All participating lawyers shall be placed on a list of available counsel. DALA may have targeted lists of available counsel (for example, a list of counsel willing to represent litigants in retirement cases). All lawyers will designate a contact person for the program and will communicate the identity of that contact person to the Coordinator.

A lawyer’s participation in this Plan is a commitment that, after expressing an interest in a case, an assignment made will not be declined or withdrawn except on the following grounds:

1.  A preexisting conflict of interest precludes counsel from accepting the responsibilities of representing the party in the case.
2. The lawyer believes they lack sufficient experience to represent the party completely in the case.
3. Some personal incompatibility exists between counsel and the party, or a substantial disagreement exists between counsel and the party on litigation strategy.
4. In counsel’s opinion, the party is proceeding for the purpose of harassment or malicious injury.
5. After investigation, counsel determines that the party’s claims or defenses are not warranted under existing law and cannot be supported by good faith argument for extension, modification or reversal of existing law. 

VI. Other Pro Bono Opportunities

DALA offers two additional pro bono opportunities.  Lawyers may serve as mentors for volunteer attorneys with less experience.  Second, they can participate in DALA’s “Lawyer for a Day” project, which involves committing a few hours on a designated day to answer inquiries from pro se litigants.  If interested, complete the Pro Bono Registration Form available on DALA’s website and mail or e-mail it to DALA, attention Pro Bono Coordinator.

DALA will maintain separate lists of attorneys interested in each program and will communicate with them accordingly.

[1]  Generally, litigants will be eligible for pro bono representation if they receive certain kinds of public assistance or their income, after taxes, does not exceed 125% of the current Federal Poverty Line. Download the eligibility requirements in their entirety.